The agency’s proposal would make the next generation of stoves and heaters an estimated 80% cleaner than those manufactured currently, leading to important air quality and public health improvements in communities across the country. The proposal would affect a variety of wood heaters manufactured beginning in 2015 and will not affect heaters and stoves already in use in homes or currently for sale.
Smoke from residential wood heaters, which are used around the clock in some communities, can increase toxic air pollution, volatile organic compounds, carbon monoxide and soot, also known as particle pollution, to levels that pose serious health concerns. Particle pollution is linked to a wide range of serious health effects, including heart attacks, strokes, and asthma attacks. In some areas, residential wood smoke makes up a significant portion of the fine particle pollution problem. EPA’s proposal would work in concert with state and local programs to improve air quality in these communities.
The agency’s proposal covers several types of new wood-fired heaters, including: woodstoves, fireplace inserts, indoor and outdoor wood boilers (also called hydronic heaters), forced air furnaces, and masonry heaters. Many residential wood heaters already meet the first set of proposed standards, which would be phased in over five years to allow manufacturers time to adapt emission control technologies to their particular model lines. The recent proposal does not cover fireplaces, fire pits, pizza ovens, barbecues, and chimineas.
When these standards are fully implemented, EPA estimates that for every dollar spent to comply with these standards, the American public will see between $118 and $267 in health benefits. Consumers will also see a monetary benefit from efficiency improvements in the new woodstoves, which use less wood to heat homes. The total health and economic benefits of the proposed standards are estimated to be at $1.8 to $2.4 billion annually.
EPA will take comment on the proposal for 90 days after it is published in the Federal Register. The agency will hold a public hearing February 26, 2014, in Boston. EPA expects to issue a final rule in 2015.
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Washington State Leads Efforts to Replace Toxic Chemicals in Products
Washington partnered with eight other states through Interstate Chemicals Clearinghouse (IC2) to develop the voluntary guide. The guide provides technical assistance to companies that want to reduce or eliminate their use of toxic chemicals.
“This is an important tool that will help companies identify safer materials,” said Washington Department of Ecology Director Maia Bellon. “We commend businesses who are taking a proactive approach to remove toxic chemicals from everyday consumer products.”
The guide is built upon the alternatives assessment process that was pioneered by the EPA’s Design for the Environment Program. IC2 worked with industry, EPA and others to share results and best practices among the eight states involved.
Alternatives assessment is a process that helps companies make more informed choices about their use of toxic chemicals. The process helps them consider the potential harm chemicals could have on human health and the environment.
More retailers and manufacturers are recognizing the need to use safer substances. For instance, Wal-Mart and Target recently announced sustainable chemical and product standards that call for more ingredient disclosure, reducing or eliminating chemicals of concern, and safer substitution.
The EPA and other organizations have developed an extensive array of tools to help prioritize and assess chemicals. Companies and organizations such as Hewlett Packard, the American Apparel & Footwear Association, and the Outdoor Industry Association’s Chemicals Management Working Group are working to drive continuous improvement and innovation in chemical management practices.
Missouri Department of Natural Resources Offers Reporting Assistance to Major Water Users
The Missouri Department of Natural Resources’ Water Resources Center will offer water reporting assistance to major water users at the University of Missouri’s Fisher Delta Research Center in Portageville on Thursday, January 16. Staff will be in attendance from 8 a.m. to 3 p.m. to assist with online and paper registration, registering as a new major water user, determining withdrawal locations and to answer questions about water use laws.
The meetings will be held in the Otto Bean—Richard Simcoke conference rooms at the Delta Research Center, 147 W. State Highway T, Portageville. Any Missouri water user capable of withdrawing or diverting 100,000 gallons of water or more per day is considered a major water user and is required to report their withdrawal annually.
EPA Launches New Citizen Science Website
“Citizen Science is an increasingly important part of EPA’s commitment to using sound science and technology to protect people’s health and safeguard the environment,” said Judith A. Enck, EPA Regional Administrator. “The EPA encourages the public to use the new website as a tool in furthering their scientific investigations and developing solutions to pollution problems.”
The updated website now offers detailed information about air, water, and soil monitoring, including recommended types of equipment and resources for conducting investigations. It also includes case studies and videotapes that showcase successful citizen science projects in New York and New Jersey, provides funding opportunities, quality assurance information, and workshops and webinars.
The EPA Region 2 Citizen Science Program, which covers New Jersey, New York, Puerto Rico, the US Virgin Islands and eight federally recognized Indian Nations within New York State, welcomes the efforts of citizen scientists to better understand and protect the environment. By providing the tools to increase the quality of the data collected and assist in its interpretation, the EPA is helping the public achieve greater levels of environmental protection.
Dallas-Based Companies Agree to Pay Civil Penalty to Settle Clean Air Act Violations
The four parties are also required to pay a $120,000 civil penalty.
“Vehicles are one of the largest sources of pollution that significantly affect public health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Holding importers accountable for meeting US emissions standards is critical to protecting the air we breathe, and to protecting companies that play by the rules.”
“Importers of foreign made vehicles and engines must comply with the same Clean Air Act requirements that apply to those selling domestic products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will continue to vigorously enforce the law to ensure that imported vehicles and engines comply with US laws so that American consumers get environmentally sound products and violators do not gain an unfair economic advantage.”
Savoia, BMX Imports, BMX Trading, and their owner, Terry Zimmer, allegedly imported the vehicles from several foreign manufacturers into the United States through the Port of Long Beach, California. The vehicles were then sold through the Internet and from a retail location in Dallas, Texas.
In addition, the companies are required to export or destroy 115 of their current vehicles that have catalytic converters or carburetors that do not adhere to the certificate of conformity that they submitted to EPA. The purpose of the certificate of conformity, required by the CAA, is to demonstrate that vehicles or engines meet applicable federal emission standards.
EPA discovered the alleged violations through inspections at Long Beach and other US ports of entry, and through information provided by the company. EPA’s investigation showed that approximately 11,000 of the imported vehicles were not covered by an EPA certificate of conformity, which means that EPA is unable to confirm that the emissions from these vehicles meet federal standards. Other violations included approximately 23,000 vehicles sold without the required emissions warranty, and approximately 500 vehicles that did not have proper emission control labels.
The CAA requires that all vehicles have certification, warranty, and labeling prior to being imported or sold in the United States to demonstrate that they meet federal emission standards. Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons, and nitrogen oxides which can cause respiratory illnesses, aggravate asthma, and contribute to the formation of ground level ozone or smog.
Louisiana Plant Agrees to Address Clean Air Act Violations
The Cos-Mar Company of Carville, Louisiana, has agreed to correct violations of the Clean Air Act. Under the terms of the agreement, the company will take a number of steps to better protect the health of the local community, reduce emissions, and come into full compliance with federal clean air laws.
The company will develop a flare monitoring plan, repair flaring devices, implement leak detection and repair program (LDAR), and ensure that adequate monitoring and recordkeeping protocols are in place. The company will also pay an $84,050 civil penalty.
LDAR is a work practice designed to identify leaking equipment so that emissions can be reduced through repairs. EPA estimates that the LDAR program can potentially reduce product losses, increase worker safety, and decrease community exposure to hazardous releases.
The facility is owned by the Cos-Mar Company, headquartered in Houston, and operated by Total Petrochemicals and Refining USA, Inc.
The consent agreement addresses a number of violations that occurred on July 2, 2010, March 12, 2009, October 13, 2011, and June 22, 2010.
The agreement was signed on December 10, 2013, and the penalty must be paid within 30 days of agreement. The facility has one year from date of agreement to complete the projects and submit a work plan to EPA.
EPA's goals include focusing on improving compliance among industries with significant potential for environmental harm due to air emissions located near communities.
EPA Orders Olivet Management to Stop Disturbing Asbestos
Buildings at the former Harlem Valley Psychiatric Center are being renovated for future use as a research institution and information technology hub by Olivet University. Olivet Management did not notify the EPA about the asbestos work and did not handle or dispose of asbestos-containing materials properly during the renovations, as required by law.
Asbestos was once used in insulation and other building materials. The inhalation of asbestos fibers can lead to cancer and asbestosis, a serious respiratory disease. The removal of asbestos-containing materials during demolition requires strict adherence to procedures outlined in the Clean Air Act to protect public health.
“Asbestos can cause serious health problems and must be handled properly to protect people’s health,” said Judith A. Enck, EPA Regional Administrator. “By stopping work at The Olivet Center, EPA has taken action to protect the health of workers at the site and nearby residents.”
Federal regulations require property owners or operators to notify the EPA before the demolition or renovation of buildings that could contain a certain amount of asbestos. Demolition and renovation work involving asbestos must be done carefully. Before demolition and construction activities can begin, inspections must be conducted to identify the presence of asbestos and materials that may pose a threat to the health of workers or the public must be removed.
Materials containing asbestos must be wet down until they are collected and disposed of properly to prevent fibers and dust from becoming airborne during renovations and demolitions. Asbestos-containing materials must be disposed of at facilities licensed to receive the waste.
On November 4 and 5, 2013, EPA inspectors, in coordination with inspectors from the New York State Department of Labor and the United States Department of Labor, Occupational Safety and Health Administration, inspected the site after being refused access three days earlier. The inspectors examined six buildings and the surrounding areas, sampled materials appearing to contain asbestos and observed numerous potential violations of the asbestos requirements. Many of the buildings contained significant amounts of asbestos.
The EPA legal order alleges that Olivet Management violated the federal Clean Air Act asbestos regulations by failing to provide adequate notice to EPA of construction projects involving asbestos, adequately wet all regulated asbestos-containing material that had been removed or stripped from the site and ensure that all of these materials remained adequately wet until collected and contained in preparation for proper disposal.
In addition to halting work at the site, the EPA order requires Olivet Management to prepare a comprehensive site cleanup work plan, submit the plan to EPA for review and approval to ensure it conforms with asbestos requirements and ensure that future demolition and activities at the site comply with EPA’s order. The EPA’s investigation is ongoing.
New Hampshire Manufacturing Company to Pay a Fine and Make Hazardous Waste Operations Safer for Community
A manufacturer of printing equipment in Hudson, New Hampshire, has agreed to pay a penalty of $116,000 to resolve claims by the EPA that it violated hazardous waste laws.
Last September, EPA filed a complaint against Presstek alleging violations of hazardous waste management laws. Its violations included: failure to comply with applicable hazardous waste air emission regulations; failure to implement an adequate hazardous waste personnel training program; and failure to maintain an adequate hazardous waste contingency plan.
Hazardous waste regulations under RCRA are designed to ensure that operating facilities manage hazardous wastes in an environmentally sound manner from “cradle to grave” in order to prevent releases that could pose risks to human health and the environment. Manufacturing facilities often generate hazardous wastes during production operations, and those wastes must be properly managed and disposed of. As part of its operations, Presstek generates hazardous wastes that include solvent-containing wastes, which are ignitable, and corrosive wastes.
Since EPA’s discovery of the alleged violations, Presstek has revised its hazardous waste contingency plan and personnel training program to comply with regulations resulting in a reduced likelihood of impact on the community in the event of an emergency, such as a fire, explosion, or release. Presstek has also developed and is implementing a program to monitor and control air emissions from hazardous waste operations at the facility, which also reduces potential risk for the community.
Oregon Door Company Settles for Violations of Federal Air Laws and Reporting Regulations
Oregon Door Company, based in Dillard, Oregon, settled violations of federal air laws and reporting regulations, according to a settlement with the EPA and US Department of Justice. The violations were associated with the company’s emissions and reporting of toluene, a solvent for paints and stains.
“Companies that use chemicals have to abide by emissions limits and report chemical usage,” said Scott Downey, manager of the Air Compliance Unit at the EPA Seattle office. “Permit limits control what we’re putting in our air, and reporting chemicals is crucial to having accurate numbers about chemical usage across the country.”
An EPA investigation found that between 2005 and 2009, the company repeatedly exceeded emissions of toluene as allowed by state and federal air regulations. The company emitted more than 18,000 lb of toluene per year, exceeding the limit set by its air contaminant discharge permit. As a major source of hazardous air pollutants, the company was also required to obtain a Clean Air Act Title V permit, which it did not have.
In addition, the company failed to report its 2007 toluene emissions to the Toxics Release Inventory.
Toluene has known health impacts on the human nervous system, kidneys, liver, and heart.
The company took steps to correct the violations and paid a $50,000 fine.
Hazardous Waste Transporter Sentenced for Unlawful Disposal, Storage, and Transportation of Hazardous Waste
A California Department of Toxic Substances Control (DTSC) investigation resulted in the successful prosecution and sentencing of former hazardous waste transporter Roy Paul Gressly for six felony violations of the Hazardous Waste Control Act.
DTSC’s Office of Criminal Investigations participated in the joint investigation with the EPA and the Santa Fe Springs Fire Department. The California Attorney General’s Office prosecuted the case against Gressly, who pleaded no contest to the six felony violations. Gressly was sentenced on January 7, 2014, in Los Angeles Superior Court to 120 days in jail and three years probation for two counts of unlawful disposal of hazardous waste, two counts of unlawful storage of hazardous waste and two counts of unlawful transportation of hazardous waste to unauthorized locations.
“This type of illegal conduct will be investigated fully and those responsible will be held accountable,” said Reed Sato, DTSC Chief Counsel. “Illegal disposal, storage, and transportation of hazardous waste threatens the health of the citizens of this community. I am pleased that we brought this violator to justice.”
During his probation, Gressly is prohibited from working in the hazardous waste business. The court also ordered Gressly to pay more than $228,000 in restitution to former customers and landlords who had to clean up illegally stored and abandoned hazardous waste, and to pay a criminal fine of $7,500 plus applicable assessments, surcharges, and penalties.
Operating under several business names, Gressly was a commercial hazardous waste transporter who accepted hazardous waste from customers for delivery to authorized disposal facilities. Instead of delivering the waste for proper disposal, he stockpiled it at three unauthorized locations in the Los Angeles area and abandoned some of the waste at two of those locations. A spill from a leaking tanker truck prompted the investigation that discovered the violations.
Due to Gressly’s illegal activities, his former customers and the owners of properties where Gressly illegally stored and abandoned hazardous waste, had to pay substantial cleanup costs. In addition, public funds were necessary to clean up the waste.
Connecticut Secures Judgment against New Haven Companies for Hazardous Waste, Air Pollution Violations
Suraci Incorporated, Suraci Metal Finishing, LLC, Suraci Paint & Powder Coating, LLC, and Bruno F. Suraci, Jr., operate metal finishing businesses at two locations in New Haven, including a facility on River Street adjacent to the Quinnipiac River.
The state alleged that activities conducted at the sites produced hazardous waste and that the defendants failed to comply with laws regulating that waste, thereby exposing employees, the public, and the environment to serious risks. The state also alleged that the defendants completely failed to comply with air pollution control statutes intended to regulate emissions from equipment in operation at the sites.
“Hazardous waste violations are no small matter,” said Attorney General Jepsen. “Failure to properly manage dangerous substances exposes the public and the environment to potential risks. This is a significant judgment and should serve as a warning that those who engage in this kind of conduct will be held responsible for their actions.”
“Connecticut’s environmental laws are designed to protect the health and safety of citizens in our state,” said Commissioner Esty. “This judgment sends a clear message that the actions of companies who violate these laws and regulations will not be tolerated.”
The court ordered the defendants to pay a $700,000 civil penalty for violation of hazardous waste management statutes and regulations, a $33,500 civil penalty for violation of air pollution control statues and regulations, and a $10,000 penalty for failure to obtain a Title V emissions permit. All defendants are fully liable for payment. The court also granted requested injunctive relief requiring the defendants to comply with all laws and regulations related to environmental protection, air pollution control, and hazardous waste management.
ExxonMobil Agrees to $2,329,000 Settlement
ExxonMobil will pay $2,329,000 to fund beneficial environmental projects (BEPs) and a spill countermeasures program and to pay civil penalties to DEQ under a settlement agreement finalized January 9. In December 2013, DEQ received concurrence from the Louisiana Attorney General Office’s on the terms and conditions of the agreement. The AG’s office also approved DEQ responses to public comments, which were provided December 13, 2012.
As part of the final settlement agreement, ExxonMobil will make a civil penalty payment of $300,000 to DEQ, fund beneficial environmental projects (BEPs) totaling $1,029,000 and spend no less than $1 million dollars on Spill Prevention Control and Countermeasures (SPCC) projects at its Baton Rouge Complex.
The agreement came after the agency issued a series of compliance orders and penalty notices dating back to 2008. Among the violations for which the agency cited ExxonMobil were chemical releases and spills in addition to other operational violations. The settlement addresses violations that occurred at the four of the company’s facilities; the refinery, the resin finishing plant and the chemical plant in East Baton Rouge Parish, and at the tank farm facility in West Baton Rouge Parish. The Settlement Agreement also contains a Stipulated Penalty Agreement, designed to assist in the timely assessment of penalties for certain violations reported to DEQ by ExxonMobil. The Settlement Agreement outlines deadlines and requires ExxonMobil to keep DEQ apprised of its progress as it fulfills its obligations under the settlement.
The following BEPs are approved as part of the settlement agreement: Groundwater Reduction Project to reduce the company’s groundwater usage ($400,000); a donation to DEQ to improve the Early Warning Organic Chemical Detection System ($250,000); a donation to Baton Rouge Green Association Inc.’s NeighborWoods project ($25,000); a donation to EBR Mayor’s Office of Homeland Security and Emergency Preparedness/Local Emergency Planning Committee to implement the ExxonMobil North Baton Rouge Emergency Preparedness Initiative ($100,000); installation of a meteorological station at the company’s Baton Rouge Refinery Complex ($25,000); a donation to DEQ to fund the Expanded Age Distribution and Vehicle Population Data Project ($50,000); a donation to Rebuilding Together Baton Rouge (RBTBR) ($100,000); and a donation to the Louisiana Foundation for Excellence in Science, Technology and Education (LaFESTE) for the Baton Rouge Clean Air Coalition ($29,000) and a donation to the Baton Rouge Area Foundation to fund awareness and education programs for groundwater conservation opportunities in East Baton Rouge Parish.
“This settlement agreement represents more than just a fine,” said Cheryl Nolan, DEQ Assistant Secretary in the Office of Environmental Compliance. “The goal of the Settlement Agreement is to eliminate or minimize impacts to the environment and to reduce or avoid impact to human health and/or the environment from future incidents. Additionally, the BEPs will benefit the local community.”
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Trivia Question of the Week
According to the American Chemical Society, what could save billions of dollars while protecting the environment?
a. Phasing out lead-acid batteries
b. Changing road blacktop to whitetop
c. Establishing permanent daylight savings time
d. Laundering money
